State uneasy about new pot law, patient confidentiality
poll

State uneasy about new pot law, patient confidentiality


By Kevin Miller
BDN Staff
BANGOR DAILY NEWS GRAPHIC BY ERIC ZELZ
AUGUSTA, Maine — A task force on medical marijuana grappled with issues of patient confidentiality, law enforcement and quality control Tuesday in the wake of Mainers’ vote granting sick people easier access to the drug.

Under seven guidelines passed by nearly 60 percent of voters in November, Maine will expand the list of qualifying ailments for use of marijuana as well as regulate a system of dispensaries where patients can buy the drug.

But as Tuesday’s meeting made clear, some panel members remain uneasy about how, exactly, to help those with legitimate medical conditions get access to the drug without also making it easier for recreational users to buy.

Today's Poll

Do you think the names of medical marijuana patients should be available to police?

Yes
No

“There is the potential for abuse, and I think we have to be cognizant of that,” said Attorney General Janet Mills. “There is a different kind of balancing act that is going on in this arena than with other prescription drugs.”

Panel members appeared to agree Tuesday that the general public should not have access to the names of individuals whose doctors have approved their use of medical marijuana. Such people would be issued state identification cards, and law enforcement officers would have access to a confidential “silent registry” of legitimate users.

There also seemed to be wide agreement on the panel that the locations of the dispensaries should not be confidential, an important distinction for municipalities hoping to control where such businesses can locate.

However, task force members disagreed on how much information even law enforcement should receive from dispensaries and caregivers. For instance, should police have access to the names of the individuals who buy pot from the dispensaries, which are permitted to have up to five patient “clients” and grow up to six pot plants for each patient.

“You have to err on the side of protecting the patient, every time,” said Ken Altshuler, a lawyer representing the public on the panel.

Others disagreed, arguing that police must be able to confirm the legitimacy of each client to ensure the dispensary is not growing a few extra pot plants for the illegal market.

“I fear a huge potential for abuse if law enforcement doesn’t have access to this [information],” state Public Safety Commissioner Anne Jordan told her fellow panel members.

The same question was raised about approved “caregivers,” who can legally buy and deliver the drug to patients. Without access to a caregiver’s client’s information, panelists asked, how would an officer be able to confirm the claims of someone stopped with several ounces of pot in a car?

Panel members representing medical marijuana patients, physicians and the Department of Health and Human Services have also expressed concerns about how the state can ensure the quality of marijuana grown and distributed by dispensaries.

Ned Porter, a deputy commissioner with the Maine Department of Agriculture, pointed out that the state has quality control programs for blueberries, potatoes, milk and other commodities. But implementing anything similar for marijuana — an illegal drug — would be a challenge, he said.

Porter said he even called the U.S. Department of Agriculture to ask about an organic certification program. Products that meet the USDA guidelines carry a USDA “certified organic” seal.

“I just wanted to find out what they thought of their brand being used. I haven’t heard back from them yet,” Porter said with a chuckle.

Other discussion Tuesday focused on whether Maine should offer reciprocity to other states, such as California or Colorado, that license medical marijuana dispensaries.

The panel will meet again next week to continue working on the recommended rules, which will be presented to the Legislature early next year.

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Comments
40 comments on this item

I like Porter's idea of having Medical Marijuana meet an organic certification and carry a USDA “certified organic” seal.

Otherwise companies like Monsanto will walk in and start patenting and splicing everything.

POLICE STATE! We are watching you, your family and neighbors. I remember growing up when we heard about Russia and people spying on their neighbors and even their own parents. Have we sunk that low? I think we have.

I really get a kick out of that Janet Mills. She sure has made some dumb statements during her career.

Any program intended to help a group with specific needs, (food stamps, heat assistance, housing assistance, Medicaid, medical marijuana), will have a few cheaters and scammers. If we were able to lock down every possible loophole there is a greater likelihood that some of those who qualify for the service will also get locked out. The rules have to have some flexibility to insure those who need it can get it easily.

Maybe the Task Force should smoke a couple of joints before each meeting and loosen up a little.

Oh yeah, she hasn't been in long and she replaced that dumb guy who kept telling teenage boys they were growing up abusers.

does the police have a list of all patients using oxycotin (Heroin). I think not. WAKE UP PEOPLE this is a drug used under the watchful eye of a doctor. What is the big deal.. USDA controls? I can guarantee a user will know good pot from bad pot. The grower will not be around long if the pot is junk. I say use California's law but tighten controls on the doctors who reccomend it. I spent a week on the west coast for this reason. Its not the dispensarys out of control its the doctors who prescribe pot to anyone who will pay the consult fee. Also the City of Bangor wants to treat dispensery's like methadone clinics Great real patients treated like drug addicts. Not the same kind of patients. City Hall is ignorant what a bunch of idiots

Richard Hatch

“There is a different kind of balancing act that is going on in this arena than with other prescription drugs.”

Why exactly? While I would like my children to stay away from ALL drugs, (coke,crack,caffeine, and nicotine, etc), I would much rather them smoking a joint with the local cancer patient than sharing his stinking rotten Oxys. C'mon, smell the roses, then smoke a joint!

JeffDubay, I agree with you on Janet Mills.

Just Freakin Legalize IT

And A Lot of Worry Would Go Away

Prohibition What A Waste Of Money And Time

We Need The Room In Our Prisons

For Real Crime in our Time

i would qualify under thier quidlines but if they want the cops to stick there nose into my medical meds, then keep em. cops r not doctors and just plain have no business in what meds i take. what's next, call the cops if you take a tylenol pm?

Well said RLHatch, well said.

On December 8, 2009 I went to 2nd meeting for medical marijuana dispensaries. During the meeting, I kept hearing a lawyer say “reasonable and necessary”. After a few times he was asked what that meant. He could not define “reasonable and necessary”. Not one person on this task force offered to define “reasonable” and necessary” including the former judge, the lawyers, the legislators, and Attorney General Mills.

These people take an oath to support, defend, preserve and/ or protect the Constitution of the State of Maine and the United States. And they do not know what the criteria is for “reasonable laws and regulation.”

“The Legislature, …, shall have full power to make and establish all reasonable laws and regulations … not repugnant to this Constitution, nor to that of the United States.” Me. Const. Art. IV, pt 3, § 1 legislative power.

After the meeting I waited, followed and asked A.G. Mills why marijuana is illegal as she walked away from me. I ask her why it is reasonable to criminalize marijuana. In front of a reporter she said “it makes you loony”. She insults marijuana users and I replied “how does that affect your rights?”

Reasonable laws protect you from me and me from you.

The United States Supreme Court wrote “It is the governmental power of self-protection and permits reasonable regulation of rights and property in particulars essential to the preservation of the community from injury.” Panhandle Eastern Pipeline Co. v. Highway Comm'n, 294 U.S. 613, 622 (1935).

I did not ask the judge why the judiciary claims that these criminal laws, the marijuana laws, are rational.

Ratified December 15, 1791, the Bill of Rights is missing in action in the war on drugs.

I wish like anything there were a medical marijuana law where I now reside in TX. I would move back to Maine when I can, but for the cold that exacerbates the illnesses which would allow access to MM. As my disabilities progress the medical establishment chooses to throw more and more dangerous drugs at me. I sometimes use them for a while, but if the relief does not override the potential side effects I will usually discontinue after a few months.

There is no downside to the use of MM, unless it becomes regulated by law enforcement as has happened with most pain medication and the physicians who prescribe them; especially in Maine. My husband was denied the continued use of his Fentenyl patches, (cold turkey) because his Dr's agreed upon time for prescribing them to my spouse had expired, and hubby couldn't find another Dr who would accept medicare/medicaid. Now, thankfully he suffered no ill effects from his forced de-tox, other than the return of his excruciating pain, because it has been well documented that those who are truly suffering intractible pain do not have the same physiological addiction problem as those who simply continue to use the drugs after an acute pain episode.

I applaude Mainers for standing up for this new legislation. Please do not allow the nay-sayers and the ignorant to gut and filet what is a good, safe, progressive and most humane approach to long term pain and symtom control for those truly in need.

Ya She Said makes people looney

You should of Said look in the Mirrow Honey<<

WHO CARES! It was voted on and now needs to be put in place. The police have nothing to do with this b/c no abuse has taken place. Are we going to give the police the names of all people that drink alcohol to prevent abuse? Let the smokers smoke!

As expected law enforcement is going to delay and stall any way they can the implementation of this new law. They don't like losing control. They behave like a small child that has not gotten its way, reference the "loony" comment made by the Attorney General. Law enforcement can see their ill conceived war on drugs and the money it brings into their coffers slipping away from them. The new law will go into effect, just like it has in the other states that have approved similar laws and there is nothing they can do to stop it. An overwhelming majority of the Maine populace voted in favor of this new law. If they (law enforcement) attempt to circumvent the new law they will suffer another setback from the voters when they pass laws that are even more lenient.

My ex-wife has breast cancer and lives in a state that does not have legal medical marijuana. She is under-going her chemotherapy regimen right now. The pills that they give her only partially control the nausea and sickness she is experiencing. It's a sad state of affairs that we have a natural plant that could possibly help her, but she must become a criminal to obtain it. I am about as right wing conservative Republican as you can get, but this war on drugs we are waging is a waste of my and your tax dollars. It does nothing but fill up our jails with low level offenders and in at least some cases prevents people who could benefit from certain drugs from obtaining them legally. I'm all for locking up people who commit violent drug related crimes, but these are a small portion of the population we are locking up for drug offences.

Ah, the pot smokers are out in force…mostly because they are not at work. Let’s put a few facts on the table. Yes, law enforcement does have access to the names of those receiving methadone at the clinics in Maine. If you are stopped with Oxy pills in your possession, you have to prove that you have them legitimately by producing the prescription or the regulated prescription bottle. If you have been prescribed Oxy, you can only have your caregiver pick up your medication after going through your doctor and the pharmacy. The pot smokers have been asking us to treat pot like any other medication. Now that Maine is attempting to do that, they are hollering…or at least groaning from their recliners. Maine has a legitimate interest in regulating this drug, so maybe the pot smokers should relax. By the way, I don’t smoke pot, but I am in favor of its LEGITIMATE use by patients under a doctor’s care. Legitimacy, however, does come with responsibilities and strings attached.

Now back to my conservative roots. Thank you people of Maine for not passing that ill concieved Gay marriage law:)

Are you commenting from work, downeastlaw? Other than MY Sundays, this is the only day ive had off in along time. If you dont have an ailment, or dont smoke, it seems its not your position to comment on the subject. Its MY buisiness what I smoke, drink, ingest, etc., so long as im no bother to you, correct? Leave everyone alone, and all would be fine. But fine upstanding law folks like yourself have got to be so concerned with things that do not pertain to you. This should be a non-issue. Nobodies buisness but MINE.

The Amount and Kind of People

That Smoke Pot @downeastlaw

Well It Mite Shook Ya

That Most Work A Lot and are Law Abiding Citizens

That Love The Law

That Said; You Sound Like You Are A Lawman Wannabee<

If You Are A The Law / You Should Know What I Am Talking About

Now Stay Focused on the Alcoholic Lawbreakers Now ya all

Leave it to career Maine bureaucrats to take something so simple and make it a tangled web of red tape.

Is it 2010 yet?

I hope that they also provide lists of everyone on painkillers, tranquilizers, and all mind altering medications. Talk about voters getting screwed. What is the point of voting for anything if they can do what they want regardless.

downeastlaw,

Another law person weighs in on something that is none of their business-----how typical and inappropriate. By the way,does anyone know anything lazier than a cop? The majority are social outcasts with a personal vendetta against society. Downeastlaw----you don't mind being grouped and painted with my brush do you? I figure you to be christian the way you talk about others. Christian cop? Double whammy!

The law states, “A person, including an employee or official of the department or another state agency or local government, who breaches the confidentiality of information obtained pursuant to this chapter commits a Class E crime. The law seems very clear on this.

http://www.mainelegislature.org/legis/bills/bills_124th/billtexts/IB000201.asp

In this article, Ned Porter refers to marijuana as an illegal drug. He is incorrect.

Furnishing police with who can use marijuana is certainly discriminatory.

Oxycodone and other narcotic users are not treated like this, and they are dangerously addictive and lethal!

(unlike marijuana) I support marijuana for medicinal use but I believe it should be completely legal and unregulated.

This issue should not be an issue. A Canadian documentary, The Union, gives the history and facts of hemp and marijuana history and prohibition.

I would encourage anyone to see this. It can be accessed/viewed at http://www.documentarywire.com/the-business-behind-getting-high

(I hope this works for you, I just tried and encountered a problem)

I work full time. I take care of my family. I am a responsible adult. I also have MS and I have a letter of recommendation from my doctor for medical marijuana. I procure my own without the help of the state. I'm not on the police radar as far as I know. I do not abuse drugs. I treat the symptoms of my chronic disease the best that I can so I can remain a productive, functioning member of society and enjoy life without constant pain.

I don't want my name on any registry that police or lawmakers will have access to because I don't trust them to keep the list private and I don't want some rogue cop out there knowing I have marijuana in my house. I don't want a state ID for the same reason. I do understand the concerns. I think we should have reciprocity with other states who have MM laws, so there has to be some sort of verifiable identification system, but trusting the law to keep it private is like trusting the cow to stay in the pasture without a fence.

I'm thoroughly confused. I've read the law as it was written for the election at least ten times on ballotpedia.org I never was under the impression that there was a limit on the number of patients that a dispensary could provide for. yet in this article the author cites five patients as being the maximum number of people that a dispensary can provide for. Where is this number coming from?

This is a riot! Maine is so f^$%#d up. Talk about unintened consequences.

Even if we were to legalize it, even the hardest core dopers wouldn't want kids under 18 to get it. There would still be specialized cops chasing bad guy dope dealers down. There'd be little change.

Even....even if we let the state tax it to get the alleged gobs of cash ,I am not sure I want the state to HAVE anymore money.

What then about tax evaders who grow it and sell it for less, minus the tax? Gotta have cops to police that.

This is so stupid.

Hey Anyone out there needing a caregiver to grow your medication let me know. I know several people who would love to make you feel better. compassionate caregivers are out there. Some of us do not want to be on A LIST. We are private citizens that refuse to yield to the United Socialist States

(USA) We ceased to be a democracy a long time ago. You MUST have a valid Doctors Recommendation,18 Years Old and a authorization form from your Doctor so your recommendation can be verified before you contact me. email at: medicalmarijuanaforyou@yahoo.com

Rick

What a shame. This state has a huge financial deficit. The state has spend millions and millions of dollars trying to cut down on the growing and consumption of marijuana and now the state is going to spend millions of dollars trying to decide the best way to allow a select few individuals to buy, or grow and ultimately consume marijuana. At one point in our history we state citizens were allowed to grow and posses a personal supply of marijuana until the Feds threaten to spank our hands and take away Federal highway money. The only way to fix this is for a citizen's vote to legalize marijuana for everyone over the age of 18. If an 18 year old can die for their country in the military, then they can consume alcohol and marijuana.

Sorry for the delay in getting back to you all...I was gainfully employed. I am not a cop, maybe a Christian. I am a lawyer (not for the State), and as I posted, I am IN FAVOR of the medical pot law! You smokers (not talking about you andthen, I suspect that you don't mind reasonable regulation of this beneficial drug) have again missed the point. You want pot to be a legitimate drug and to have it and the patients that benefit from it treated with respect, AND YET, you get your vague and ambiguous law passed and you are outraged by the State trying to figure out how we can make this new law work while avoiding unwanted and unintended consequences. If it is none of our business, why didn't you put forth a proposed law making pot an unregulated drug or herb, or whatever you call it. You and your supporters did not do that. Instead you chose to cloak pot with the veil of legitimacy, only to balk when the normal trappings of legitimacy are being put upon its use. Most of you are immature proponents of personal use who undermine Maine citizens who have legitimate need for this drug.

Mills thinks cancer patients who use marijuana are loony?

very good point downeastlaw, this law will not effect me other then its a step forward, I hope. I have a legitimate reason to smoke, but I will fly under the radar. But I feel I shouldnt have to. Its nobodys business what I grow in my garden. If I whant to anjoy some canabis flowers before I eat my potatoes and corn, who is anyone to tell me I cant, and why? I work everyday, I take care of my own, dont steal,do pay bills and taxes, and will one day die. Leave me alone! Seems simple, but I am a simple man.

Why such a need for names on lists and limited access? And why does AG Janet Mills think it needs to have more control than the thousands of opiate and amphetamine dispensaries thought the state in grocery stores and such (pharmacies)? I don't believe all this concern is warranted for such a safe drug. It is all just more refer madness designed to sway the minds of the voter. Wake up ... it's not working. Kevin Kneeland, Charleston

Downeastla:. Remember one thing, Fairness. This should not be treated any different than any medicine. This is all misinformed madness and the Government should yield to the will of the people weather they like it or not.

I would like to see Janet Mills scientific evidence that marijuana supposedly makes people "looney."

And why was she walking away so fast as she was saying it?

And to our4th,

Where was your video camera?!

It would have made a great youtube post.

downeastlaw wrote:

"most of you are immature proponents of personal use"

Was it also the immature who proposed the personal use of alcohol during the prohibition?

Why should pot be treated any other way than the way alcohol is treated?

KISS keep it simple stupid..... no more common sense in this state. educated silly. Give the people what they voted for....

I dont get why the state is so uneasy about this medical marijuana. I am not for drugs at all but the reality is that this drug does help certian medical conditions and can be used effectively to treat these conditions. It is not right to release the names of individuals to the local police departments. Do they do that with METHADONE? No, I didn't think so. METHADONE is given out like candy at Acadia and many of these patients take it home and sell this drug and it kills people. I have never heard of anyone dying from Marijuana. Again, I am not for this drug but this is the less of the evils here, it is no worse than someone that drinks alchol everyday. I would rather work with someone that had smoked pot the night before then someone that got totally drunk. I just feel that this is not right to release names to the local police authority. It is a violation of HIPPA laws, your medical health is confidential and they have no right knowing who is prescribed and who isn't. If they really want to catch real criminals arrest the people that are prescribing the oxycontins and methadone to people that dont need it and are selling the drugs and get a list of their names.

Before we can have an honest discussion on this issue we first have to separate fact from fiction. In order to do that, research needs to be allowed to be completed. This will only truly happen when marijuana is taken off schedule 1 and moved to schedule 2.

Until then, we still have decades of medical documents endorsing marijuana that our politicians have conveniently ignored. The people with the accurate information are being ignored in favor of those who make a “good argument”, regardless of accuracy. We cannot ever hope to establish functioning laws based on ignorance and misinformation. For a start, I would suggest watching "Totally Baked", "Hemp Revolution", "High: The True Tale of American Marijuana", and "The Union: The Business Behind Getting High". After watching those, I ask you, "Why is this plant illegal at all?"

As far as marijuana's abuse potential, I would suggest that readers refer to www.procon.org, and look for a document entitled "Addictiveness of Marijuana". On a scale of 1-6 with (6 being least addictive) marijuana was rated as equally addictive as caffeine, or LESS addictive. Let me say that again- LESS ADDICTIVE THAN CAFFEINE.

Attorney General Janet Mills recently stated that “There is a different kind of balancing act that is going on in this arena than with other prescription drugs.” Exactly. As long as we have pharmaceutical companies pumping out pill after pill to keep the checks rolling in, all is well. The fear isnt over abuse. Its over loss of revenue. Putting the public health BACK into the public's hands doesn't bode well for the bottom line. The "balancing act" has more to do with lined pockets and less to do with public health.

Besides A.G. Mills- medical marijuana isn't a prescription. You cant simply write a prescription for medical marijuana because it isnt on the proper schedule. Its was put on the wrong schedule by beaurocrats decades ago. It would seem that had this prohibition not been implemented in the first place, we wouldn't be addressing this issue today.

As far as being included on a list, to me the question is answered by reading the law- The purpose of the ID cards is to prevent legally allowed patients from being arrested. If a police officer has probable cause to ask questions, then he may do so, BUT if the officer is presented with the ID card- the issue should be dropped. That was the original purpose for the ID cards. There is no need for a list.

Medicinal MJ patients shouldnt be automatically treated like criminals... this is profiling. The might as well say that ALL MMJ users are ALREADY abusing it. Besides how can “abuse “ be defined? What works for some people may not work for all. People need to realize that if you are an adult, it is your responsibility to act like one, and self regulate your use. We ask this of “adults” buying alcohol, and there is WIDESPREAD abuse. Is there a list of all drunks? I think not, and good luck pulling that list off, too.

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